I received an email from the Town of Morris 1st Selectman today and she basically is saying that they are sticking with the residents-only language in the Ordinance and will prevent non-residents from using the town boat launch. This really is an arrogant and egregious position for the town to take and I hope the AG's office really screws down on them but I have no clue how the new AG will react. I sent it to the Assistant AG who was involved in the past and I am assuming she is still there. In any case, it can be forwarded to whomever it needs to go to if nothing comes of this first try. The next step would be to go to AG Jepsen directly and copy Senator Blumenthal and then maybe jump all of them and go directly to David B. Fein, the United States Attorney for the District of Connecticut and have him look at Federal charges with everyone who did nothing being a defendant. There is even the possibility of a civil lawsuit using Mr. Leydon of Leydon v. Town of Greenwich fame as the plaintiff's lawyer. If I could get something like that on a contingency basis it may be worth the effort. Anyway, my email to the Assistant AG is on top and the reply by the 1st Selectman is below. Film at eleven! -------------------------------------------------------------------
Ms. Massicotte, I am not sure if you are still the Assistant Attorney General for Environmental Affairs or if you are still with the AG's office but assuming you are I have attached a string of email correspondence with the 1st Selectman of the Town of Morris. This is the Bantam Lake town boat launch issue that goes back to 2009. For most of these intervening years the Town of Morris did not have an Ordinance of any kind and though they publicly stated many times that the boat launch was for resident's use only, in contrast to Attorney General Blumenthal's letter of August 11, 2009, the town in fact did not enforce this rule and non-residents could launch their boats at any time. Recently this past spring the town passed an Ordinance that, among other things, reserved the town launch for residents-only use. Their rationale was the purchase of Beverly's by the Ct. DEEP and that now provided non-resident access. Of course, that is not the issue and many lakes have both state run and town run boat launches that have easy access and availability and Bantam Lake should too. In any case, this town Ordinance flies in the face of the AG's advice and counsel. So my question is .... what is the AG's office going to do about this. The Ordinance is clearly unconstitutional and egregious. It is rude that so many towns comply with the spirit of the law by opening their public facilities to non-residents and the Town of Morris simply thumbs its nose at the state's top law enforcement officer. Here in New Fairfield our town beaches on Candlewood Lake are open to the over-flow crowds from Squantz Pond State Park. So how does the Town of Morris disallow me use of their town facilities? I am asking that you contact Ms. Bongiolatti and suggest she implement my recommendations which are very simple and will have no affect on the Town of Morris. Again, I am appalled at the blatant disregard of Attorney General Blumenthal's directives by the Town of Morris. I am hoping that Attorney General Jepsen has the same understanding of the Constitution that Senator Blumenthal displayed when he was Attorney General. Thanking you in advance for your support,
George R. Buck New Fairfield
-----Forwarded Message----- >From: Barbara Bongiolatti <1stSelectman@townofmorrisct.org> >Sent: Aug 1, 2012 9:54 AM >To: 'George Buck' <georgebuck2@earthlink.net> >Subject: RE: Town of Morris boat launch > >Good morning Mr. Buck: I am in receipt of your telephone message to our office yesterday. The Town meeting has voted in an ordinance pertaining to our Boat Launch, and we are not anticipating making any changes at this time. Barbara Bongiolatti, First Selectman >